Sec. 6-2-2 Construction and Repair of Sidewalks.
   (a)   Construction and Repair Procedures.
      (1)   Construction and Repair Regulated. No person, whether owner, builder or contractor, shall build any new sidewalk or repair or renew, or cause to be built, repaired or renewed any existing sidewalk contrary to the provisions of this Chapter, except where such a change in the specifications hereinafter set forth shall be deemed in the best interests of the Village of Edgar.
      (2)   Village Board May Order; Standards. The Village Board may determine that sidewalks be constructed and establish the width, determine the material and prescribe the method of construction of standard sidewalks pursuant to this Section. The Village Board shall bid and award contracts for all sidewalk construction and reconstruction projects.
   (b)   Sidewalks Required.
      (1)   The following conditions may require the installation of sidewalks, per a determination by the Village Board.
         a.   On state and county highways improved with curb and gutter.
         b.   On arterial and collector streets improved with curb and gutter.
         c.   Around any residential block in which sidewalk exists along fifty percent (50%) or more of the total length around said block.
         d.   Whenever the Village Board deems sidewalks to be necessary for safety purposes.
         e.   When required under Title 14 with a new subdivision and land division.
      (2)   Areas of the community that meet the criteria to require sidewalks, but which presently do not have sidewalks, may be required per resolution of the Village Board, to have sidewalks installed in the future.
   (c)   Cost.
      (1)   Sidewalks in New Subdivisions. Sidewalks required in new subdivisions and developments shall be paid for by the developer or land divider, at his/her cost, pursuant to Title 14 of this Code of Ordinances. New sidewalks constructed in existing areas of the Village shall be paid for by the Village of Edgar.
      (2)   Sidewalk Repair and Reconstruction. It shall be the duty of the abutting property owner to reconstruct and repair, and to maintain, existing sidewalks along or upon any street, alley, or highway in the Village of Edgar as required by the Village Board and to pay fifty percent (50%) and the Village fifty percent (50%) of the cost thereof.
      (3)   Village to Act as Own Contractor. Because it is in the public interest to expedite construction as required, the Village of Edgar shall act, where feasible, as its own contractor on any sidewalk project or shall select a private contractor to perform such work.
   (d)   Village Contract or Permit Required. No person shall hereafter lay, remove, replace or repair any public sidewalk within the Village of Edgar unless he/she is under contract with the Village to do such work or has obtained a permit therefore from the Village Administrator or Public Works Department at least two (2) days before work is proposed to be undertaken. A fee as prescribed in Section 1-3-1 shall be charged for such permit.
   (e)   Standard Specifications for Sidewalk.
      (1)   General. Concrete sidewalk construction shall meet the specifications and provisions set forth in this Section and shall be constructed in locations and to line and grade as established by the Village of Edgar. All sidewalks constructed in the Village shall conform to the line and grade established by the ordinances or resolutions of the Village of Edgar. Where no grade has been established as ascertained by the records, the Village Engineer shall prepare and report a grade for the approval of the Village Board; and, when the same has been established, the Village Engineer or Public Works Department shall stake out the sidewalk as ordered by the Village Board. No sidewalk shall be laid under the provisions of this Section until a grade therefor has been established by the Village of Edgar.
      (2)   Subgrade. All earth, dirt and material shall be removed to a depth, not less than eight (8) inches, ten (10) inches across private driveways, below the grade line; and the space shall be filled with crushed stone, sand or gravel. The base shall be left four (4) inches thick after being tamped, with the stone or gravel to be not larger than one and one-half (1-1/2) inches in diameter and to be free from dirt, dust and foreign matter. Soft, porous and unsuitable subgrade material shall be removed and replaced with sand, gravel, or other satisfactory material, and the subgrade shall be thoroughly and uniformly compacted and moistened immediately before the concrete is placed. On embankments, the subgrade shall extend at least one (1) foot beyond each edge of the sidewalk.
      (3)   Surplus Excavation and Fill Between Sidewalk and Curb. All surplus earth and other material excavated from the line of work, which may not be required for filling, shall be hauled. Where the sidewalk does not abut the curb, gutter, pavement or other structures and when the concrete has been cured and forms removed, the space along the sides shall be backfilled with a satisfactory soil thoroughly compacted. Backfill shall be approved by the Public Works Department.
      (4)   Concrete. The minimum quantity of cement per cubic yard shall be six (6) sacks of ninety-four (94) pounds each. Concrete shall be mixed for at least one (1) minute. Gravel shall be of good quality and washed. Concrete shall test three thousand (3,000) pounds compression in twenty-eight (28) days. Bituminous sidewalks are prohibited except on special use walking trails.
      (5)   Forming. Concrete shall be placed in straight forms of wood or metal of sufficient strength to resist springing, tipping or other displacement during the process of depositing and consolidating the concrete. Concrete shall be placed in the forms on a moist subgrade, deposited just above the finished grade and consolidated and spaded sufficiently to bring the mortar to the surface and to prevent honeycombing. It shall then be struck off level with the top of the forms and finished with wooden flats. Forms shall be securely fastened, staked, braced and held firmly to required line and shall be sufficiently tight to prevent leakage of mortar, and all forms shall remain in place for twenty-four (24) hours after pour.
      (6)   Jointing, Floating and Finishing. Soon after screening and while the concrete is still pliable, the surface shall be floated with wood, cork or metal floats or by a finishing machine. At all places where the sidewalk intersects another sidewalk or curb-line, a one-half (1/2) inch expansion joint shall be placed. Transverse expansion joints of one-half (1/2) inch thick and four (4) inches wide and five (5) feet long or premolded material shall be located every thirty (30) feet. Sidewalks must be marked off to make blocks five (5) foot square and be at right angles to the parallel lines. Any new sidewalk adjoining an old sidewalk or a sidewalk which abuts curb and gutter shall have one-half (1/2) by four (4) inch expansion joints of premolded material.
      (7)   Slope.
         a.   All forms must be approved by the Public Works Department or other inspector designated by the Village Administrator before concrete is poured. To provide adequate drainage, the sidewalk shall slope toward the curb at a minimum rate of one-half (1/2) inch per foot of width of sidewalk. All joints and edges shall be finished with a one-fourth (1/4) inch radius edging tool.
         b.   In cases where the grade exceeds fifteen percent (15%), steps or special construction shall be required to fit the existing conditions. Such details shall be prepared by the Village Engineer and approved by the Village Board before construction of the walk is started.
         c.   Sidewalks shall be constructed within the limits of the street right-of-way (terrace), and unless otherwise specifically indicated, there shall be a one (1) foot strip of street property left between the property line and the edge of the sidewalk.
      (8)   Width and Thickness.
         a.   Residential walks shall be a minimum of five (5) feet in width and not less than four (4) inches thick, or shall match existing sidewalk width in that block. However, in driveway approaches, the minimum sidewalk thickness shall be six (6) inches. Such sidewalks shall have a grade one (1) inch higher than the adjacent curb on the curb side of the sidewalk. All such sidewalks shall be constructed eight (8) inches from the adjacent lot line.
         b.   In the case of a laydown type curb, the pitch shall be one-half (1/2) inch per foot from the curb in the parkway to the sidewalk with a three (3) inch minimum.
         c.   Sidewalks in front of commercil}l or industrial establishments shall have a width as determined by the Village Board and be five (5) inches thick, except within driveway approaches where the minimum thickness shall be seven (7) inches.
         d.   One-half (1/2) inch reinforcement rod shall be used when replacing or repairing sidewalks over alley entrances.
      (9)   Finishing. The concrete shall be struck off true to grade, finished smooth and given a broom finish in transverse direction. Edges and joints shall be given a finish with a one-quarter (1/4) inch radius edging tool. Dry cement shall not be spread on a wet surface to take up excess water. Finishing operations shall be delayed until water has disappeared. No tool marks shall be left on exposed surfaces. In case of rain, the walk shall be covered to protect the surface from being damaged. Sidewalks shall be kept free from all traffic at normal temperatures for forty-eight (48) hours and in cold weather [below fifty (50) degrees F.] for ninety-six (96) hours.
      (10)   Curing and Drying. As soon as any of the concrete work herein before mentioned has been finished and hardened sufficiently to prevent excessive marring of the surface, it shall be cured and protected against rapid drying. Failure to comply with this requirement shall be deemed sufficient cause for suspension of the work. Curing shall be accomplished by the "Impervious Coating," "Wet Fabric" or "Paper" methods. For impervious coating or membrane curing, only those materials meeting requirements of ASTM Spec. Cl56-44T, "Method of Test for Efficiency of Materials for Curing Concrete" shall be used. Said specifications are hereby adopted by reference as if fully set forth herein. Concrete shall be kept moist by sprinkling, covering or a combination of both for a period of five (5) days.
      (11)   Cold Weather Requirements. When the temperature is less than forty degrees Fahrenheit (40°F), all concrete placed in the forms shall have a temperature between fifty degrees Fahrenheit (50°F) and seventy degrees Fahrenheit (70°F) and shall meet the requirements as per Wisconsin Department of Transportation (WisDOT) specifications for cold weather concrete.
      (12)   Variances. Where the location of a sidewalk in accordance with the specifications established herein would severely conflict with the location of trees, or the root systems thereof, a written variance to the specifications may be issued by the Public Works Department permitting the sidewalk to be located so as to reduce such conflict. No variance shall be issued if the public safety or welfare would be adversely affected thereby.
      (13)   Higher Standards. Where deemed necessary by the Village of Edgar, higher sidewalk standards may be required by the Village Board or Public Works Department.
   (f)   Repair or Replacement of Defective or Damaged Sidewalks.
      (1)   Sidewalk Repair/Replacement.
         a.   Normal repair and/or replacement of existing sidewalks is done by the Village pursuant to Subsection (c) above.
         b.   Property owners installing new driveways, or making any other improvements affecting or altering existing curbs, gutters, sidewalks or driveway approaches shall be responsible for effecting repairs or reconstruction of such curbs, gutters, sidewalks or driveway approaches and shall be responsible for the cost of such construction, repair, or reconstruction. Property owners who damage such improvements shall also be responsible for the cost of such repair or reconstruc- tion (i.e. damage due to construction equipment or the placement of a dumpster).
         c.   Pursuant to Sec. 66.0907, Wis. Stats., the Village Board may order at any time property owners to repair or remove and replace any sidewalk which is unsafe, defective or insufficient, or which is damaged by the acts of the property owner or his/her agents. If the property owner shall fail to so repair or remove and replace such sidewalk within twenty (20) days after service of the notice provided in the Wisconsin Statutes, the Village Board or its designee shall repair or construct such sidewalk and the Village Administrator shall enter the total cost thereof upon the tax roll as a special tax against said lot or parcel of land. If an emergency situation exists which is caused by a sidewalk in need of repair, the Village Board or its designee shall immediately direct the property owner to immediately make repairs. If the property owner shall fail to repair such sidewalk within the required period, the Village Board shall make the necessary repairs and the Village Administrator shall enter the total cost thereof on the tax roll as a special tax against said parcel.
      (2)   Repair Criteria.
         a.   The Village Board may determine that any sidewalk which is unsafe, defective, or insufficient be repaired or removed and replaced with a sidewalk in accordance with this Section. The existence of any one or more of the hereinafter enumerated characteristics may determine whether a sidewalk is defective or insufficient:
            1.   Three-fourths (3/4) inch or more vertical differential between adjacent individual sidewalk blocks (crack in slab).
            2.   One and one-fourth (1-1/4) inch horizontal distance between adjacent individual sidewalk blocks.
            3.   Deterioration of the surface to a vertical depth of one-half (1/2) inch or more within each individual sidewalk block.
            4.   Cracked blocks (regardless of the width of the crack) on either side of the block that is defective per these specifications.
            5.   Poles, trees or other objects creating hazards.
            6.   Sidewalk sections which are out of conformance with design grade to the degree that water ponds.
            7.   Broken corners which are greater than three (3) inches in any dimension.
            8.   Blocks deemed to be unsafe because of surface deterioration.
            9.   Sidewalk blocks which were previously found to be defective upon subsequent inspection.
      (3)   Deficiency Formula. If sixty-five percent (65%) of a property owner's sidewalk blocks are determined to be defective or insufficient, the entire sidewalk shall be replaced.
      (4)   Procedure.
         a.   Authority of Board; Inspections.
            1.   The Village Board may order by ordinance or resolution sidewalks to be repaired as provided in this Subsection.
               The Village Board designates the Public Works Deparrnent, as the Village entity responsible for the inspection of sidewalks in the community. The Public Works Department, shall, or through a designated agent, recommend which sidewalks in the community are in need of replacement. In the alternative, the Village Board may assign such duties to a standing or special committee, working with the Public Works Department.
            2.   By September 1st, the Public Works Department, shall inform the Village Administrator which sidewalks are recommended for replacement during the next budget year.
            3.   Defective sidewalks on streets to be reconstructed are to be replaced in all cases as part of the street reconstruction project.
         b.   Repair Order. The Village Board may order any sidewalk which is unsafe, defective or insufficient to be repaired or removed and replaced with a sidewalk in accordance with the standard fixed by the Village Board.
         c.   Notice. A copy of the ordinance, resolution or order directing the removal, replacement or repair of sidewalks due to damage caused by the property owner shall be served upon the owner or an agent, of each lot or parcel of land in front of which the work is ordered. The Public Works Department or the Village Engineer if so requested by the Village Board, may serve the notice. Service of the notice may be made by any of the following methods:
            1.   Personal delivery.
            2.   Certified or registered mail.
            3.   Publication in the official newspaper as a Class I notice, under Ch. 985, Wis. Stats., Wis. Stats., together with mailing by 1st class mail if the name and mailing address of ilie owner or an agent can be readily ascertained.
         d.   Default of Owner. If th wner neglects for a period of twenty (20) days after service of notice under Sub tion (e)(3) to lay, remove, replace or repair the sidewalk he/she has damaged, the Village of Edgar may cause the work to be done at the expense of the owner. All work for the construction of sidewalks shall be let by contract to the lowest responsible bidder except as provided in the Wisconsin Statutes.
         e.   Minor Repairs. If the cost of repairs or any sidewalk damaged by a property owner in front of any lot or parcel of land does not exceed the sum of Two Hundred Dollars ($200.00), the Public Works Department may immediately repair the sidewalk, without notice, and charge the cost of the repair to the owner of the lot or parcel of land, as provided in this Section.
         f.   Expense. The Public Works Department shall keep an accurate account of the expenses of laying, removing and repairing sidewalks damaged by a property owner, whether the work is done by contract or otherwise, and report the expenses to the Village Board. The Village shall anually prepare a statement of the expense incurred in front of each lot or parcel of land and report the amount to the Village Administrator. The amount charged to each lot or parcel of land shall be entered by the Village Administrator in the tax roll as a special tax against the lot or parcel of land and collected like other taxes upon real estate. The Village Board, by resolution or ordinance, may provide that the expense incurred may be paid in three (3) annual installments, and the Village Administrator shall prepare the expense statement to reflect the installment payment schedule. If annual installments for sidewalk expenses are authorized, the Village Administrator shall charge the amount to each lot or parcel of land and enter it on the tax roll as a special tax against the lot or parcel each year until all installments have been entered, and the amount shall be collected like other taxes upon real estate. The Village Board may provide that the Public Works Department or Village Engineer perform the duties imposed by this Section on the Village Board.
   (g)   Illegal Sidewalks. No sidewalk which shall be constructed contrary to the provisions of this Section shall be considered a legal sidewalk and the same may be ordered to be replaced with a legal sidewalk and with one that is in conformity with this Section, the same as if no sidewalk whatever had been built or constructed in the place where any such sidewalk is located.
State Law Reference: Sec. 66.0907, Wis. Stats.